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RETURN To an Order of the House for a copy of the final agreement entered into by the Government with… British Columbia. Legislative Assembly 1886

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 49 Vic. Kootenay Reclamation and Colonization. 419
RETURN
To an Order of the House for a copy of the final agreement entered into by the
Government with William Baillie-Grohman, in connection with the Kootenay
Colonization and Reclamation scheme.
JNO. ROBSON,
Provincial Secretary.
Provincial Secretary's Office,
19th February, 1886.
Copy of a Report of a Committee ofi the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor the 7th September, 1885.
On a Memorandum from the Honourable the Chief Commissioner of Lands and Works,
dated the 7th clay of September, 1885, reporting—
That, in accordance with a Memorandum of the Honourable the Executive Council, dated
4th August, 1884, approved on the 12th day of August, 1884, he has prepared an Agreement,
a copy of which is hereto annexed, and recommending that he be authorized to execute the
same.
The Committee advise the approval of the recommendation.
Certified,
(Signed)        Jno. Robson
Clerk Executive Council.
Articles of Agreement made the seventh day of September, 1885, between the Honourable
William Smithe, the Chief Commissioner of Lands and Works, British Columbia, acting on
behalf of and under the authority of His Honour the Lieutenant-Governor in Council, of the
one part, and William Adolph Baillie-Grohman, of Queen Ann's Mansions, in the City of
Westminster, in England, Esquire, of the other part.
Whereas on a Memorandum from the said Chief Commissioner of Lands and Works
presented to a Committee of the Honourable the Executive Council of the said Province, dated
the 4th August, 1884, enclosing a communication from the said William Adolph Baillie-
Grohman, dated the 25th July, 1884, making a formal proposal embracing certain conditions
and provisions upon which he desired to acquire partially free grants of the lands specified in
the schedule to these presents, and therein and hereinafter called the lands "A, B, and C," all
of which are situate on the Kootenay River and Kootenay Lake, in Kootenay District, in the
Province of British Columbia, and which aggregate, approximately, seventy-three thousand
one hundred (73,100) acres, and reporting that the said William Adolph Baillie-Grohman had
in such communication embodied the substance of the various conferences held with the said
Chief Commissioner upon the subject, and recommending that such Commissioner be authorized
to set apart and reserve from sale or settlement the lands mentioned in the schedule hereto ;
and further recommending that an agreement, embodying the spirit of the provisions and
conditions so submitted by the said William Adolph Baillie-Grohman, be entered into with
him. The said Committee advised the approval of such recommendation, and their report so
advising was duly approved by His Honour the Lieutenant-Governor of the said Province on
the 12th August* 1884.
And whereas on the seventh day of September, 1885, on a further memorandum and
recommendation from the said Chief Commissioner, the Lieutenant-Governor in Council has
duly approved the execution by the said Chief Commissioner of these presents.
Now these presents witness, and it is hereby agreed as follows :— 420 KootenaY Reclamation and Colonization. 1886
1. The said William Adolph Baillie-Grohman shall cause a competent civil engineer to
make or continue and complete (so far as the same may remain to be completed), at his cost,
the thorough examination of the features bearing upon the carrying out of the reclamation
works at the " Canal," " Narrows," and " Rapids," necessary to reclaim from overflow of water
the lands hereinafter described, so as to arrive at a definite estimate of cost of the works before
the 30th October, 1885. And the report of such civil engineer shall be submitted to the
inspection of the Chief Commissioner of Lands and Works.
2. The said William Adolph Baillie-Grohman, or his assigns, shall, on or before the first
day of December, 1886, construct and place a steam-tug or steamer, of not less than ninety
(90) tons gross tonnage, on the Upper Columbia River, for the purpose of navigating the
stream from the Canadian Pacific Railway (east crossing of the Columbia) to the Upper
Columbia Lake.
Always provided that this afore-mentioned stretch of water is navigable for steamers, and
that no other steamer be navigating the said waters by that time.
3. On or before the 30th April, 1886, the said William Adolph Baillie-Grohman shall
form and cause to be registered in Great Britain a limited liability company, with a registered
share capital of at least fifty thousand (£50,000) pounds sterling, for the purpose of carrying
through the reclamation and colonization of the said lands specified in the schedules hereto
annexed, the head office of such company to be in London, England, with an agent in Victoria,
British Columbia, and representatives in at least six of the most important American and
European cities.
4. The reclamation works shall be commenced within six months after registration in
Great Britain of such company, and such reclamation works shall consist of constructing a
canal for the purpose of turning, either entirely or partially, the water of the Upper Kootenay
River into the Upper Columbia Lake, the point of diversion being marked A on the plan No.
1 hereto annexed, and of lowering the Kootenay Lake by widening and deepening the outlet
of the Kootenay Lake at the two places designated on the plan No. 2 hereto attached. Such
works shall be continued and prosecuted with all diligence until the lands mentioned in the
schedules hereto shall, by reason of the reclamation works, become fit for agricultural settlement, and thereafter such works shall be maintained for twenty years, to be computed from
the date of these presents, by the said William Adolph Baillie-Grohman, his heirs or assigns.
5. In the course of the said reclamation works, as the several tracts on the Upper,
Middle, or Lower Kootenay River and Lake become reclaimed, or partially reclaimed, and fit
for settlement, the said William Adolph Baillie-Grohman, or his assigns, shall cause surveys to
be made, at his or their cost, of the said tracts, and the said surveys shall be carried out in
accordance with the now existing Land Laws of the Province, by surveyors approved of by the
Chief Commissioner of Lands and Works, and the plans and field-notes shall be deposited with
the Chief Commissioner of Lands and Works.
6. If within ten years from the date of these presents there shall be resident bona fide
settlers on the said lands " A," Crown grants for all or any part or parts of the said lands "A"
shall, if applied for within the said period, but not otherwise, be issued by the Chief Commissioner of Lands and Works to the said William Adolph Baillie-Grohman, his heirs or assigns, at
the rate of one dollar per acre, and in quantities to the amount of four hundred and eighty
(480) acres for each bona fide resident settler on the said lands "A."
7. If within ten years from the date of these presents there shall be resident bona tide
settlers on the said lands "B," Crown grants for all or any part or parts of the said lands "B"
shall, if applied for within the said period, but not otherwise, be issued by the said Chief Commissioner to the said William Adolph Baillie-Grohman, his heirs or assigns, at the rate of one
dollar per acre, and in quantities to the amount of three hundred and twenty (320) acres for
each resident bona fide settler on the last mentioned lands "B."
8. If within ten years from the date of these presents there shall be resident bona fide
settlers on the said lands " C," Crown grants for all or any part or parts of the said lands " C "
shall, if applied for within the said period, but not otherwise, be issued by the said Chief Commissioner to the said William Adolph Baillie-Grohman, his heirs or assigns, at the rate of one
dollar per acre, and in quantities to the amount of four hundred and eighty (480) acres for
each bona tide resident settler on the last mentioned lands " C."
9. Under the term " resident bona fide settler " shall be understood any person (other
than Indians or Chinese) who is permanently settled and resident on the land sought to be-
acquired, and who has a dwelling-house thereon. 49 Vic Kootenay Reclamation and Colonization. 421
10. In order to carry out the colonization scheme while the reclamation of the said lands
"A, B, and C," is being carried out, the said William Adolph Baillie-Grohman, his heirs or
assigns, shall be entitled, after the survey aforesaid, to make provisional sales to resident bona
fide settlers [not exceeding three hundred and twenty (320) acres to each settler], at such
rates and under such conditions as seem to him or them most beneficial to the proper carrying
out of the colonization ; and Crown grants in respect of such sales shall, on request, be issued
by the said Chief Commissioner to the said William Adolph Baillie-Grohman, his heirs or
assigns, at the rate of one dollar per acre for lands so sold.
Provided that at the time application is made for such Crown grants, the settler for whose
benefit said application is made be in actual residence on the land sought to be acquired, that
if he intends to farm his land he have the necessary farming implements to cultivate the
ground ; or if it be his intention to use it for the purpose of grazing stock, that he be the
actual owner of at least one head of cattle, or three sheep, or five pigs, or one horse for every
ten (10) acres of land intended to be purchased by him. No Crown grant shall issue under
this section unless applied for on or before the 7th day of September, 1895.
11. No Crown grants shall issue under the preceding paragraphs, nor shall any provisional
sales as aforesaid be made until the canal for diverting the water from the Upper Kootenay
River into the Upper Columbia Lake shall have been constructed and completed, so as to
divert the water of the said river at point A on the said plan No. 1 into the Upper Columbia
Lake, unless on or before the 31st day of July, 1889, the said William Adolph Baillie-
Grohman, or his assigns, shall establish, to the reasonable satisfaction of the Chief Commissioner of Lands and Works, that he or they have expended in British Columbia, in furtherance
of the reclamation works, a sum not less than fifty thousand ($50,000) dollars; and in
estimating such expenditure the price of all plant, material, and machinery brought into
British Columbia, and the steamer or steamers, shall be included; nor shall any such grants
issue or sales be made until after the surveys aforesaid.
12. In order to carry out the construction of the canal between the Upper Kootenay
River and the Upper Columbia Lake, the said William Adolph Baillie-Grohman, or his assigns,
shall have the right, after survey as aforesaid, to acquire from the Chief Commissioner of Lands
and Works Crown grants at the rate of one dollar per acre for that piece of grazing land
between the Upper Kootenay River and the Upper Columbia Lake, at a point where the
latter approaches the former to within a distance of two (2) miles or less, containing and
consisting of about two thousand (2,000) acres of grazing land, whereon the said canal shall be
constructed. No Crown grant under this section shall issue unless applied for on or before
the 7th day of September, 1895.
13. As the said William Adolph Baillie-Grohman desires to establish on the lands now
under consideration a stock ranch, he shall have the right, after survey as aforesaid, to receive
Crown grants at the rate of one (1) dollar per acre for such of the lands as he may deem
necessary not exceeding two thousand five hundred (2,500) acres of lands "A," and two
thousand five hundred (2,500) acres of lands "B and C :" Provided always, that at the time
the said William Adolph Baillie-Grohman, his heirs or assigns, applies for Crown grants there
be placed on the lands one head of cattle, or three sheep, or five pigs, or one horse, for every
ten (10) acres of land for which, under this clause, he is to be entitled to receive from the said
Chief Commissioner Crown grants at the rate of one dollar per acre. No Crown grant shall
issue under this section unless applied for on or before the seventh clay of September, 1895.
14. In consideration of the said William Adolph Baillie-Grohman, his heirs or assigns,
placing, on or before the 1st day of December, 1887, a saw-mill with the manufacturing
capacity of at least ten thousand (10,000) feet of lumber per day on said lands, he or they
shall (if and so soon as such mill shall be erected, provided it be erected on or before the 1st
day of December, 1887) have the right to acquire two thousand acres of the said lands "A, B,
or C," and to receive Crown grants from the said Chief Commissioner of the same at the rate
of one dollar per acre after survey.
15. In order to carry out the reclamation works, the said William Adolph Baillie-
Grohman, his heirs or assigns, shall have full ingress and egress upon and over any Crown land
at or near the works, and the right to construct such a ditch or canal, with a dam between the
Upper Kootenay River and the Columbia Lake, as will enable him or them to turn the whole
or a portion of the Upper Kootenay River at point A on the said plan No. 1 into the Upper
Columbia Lake ; and he or they shall have a similar right of ingress and egress over Crown
lands at the points known as the " Rapids " and " Narrows " on the western arm of Kootenay 422 Kootenay Reclamation and Colonization. 1886
Lake (outlet), and free permission to widen and deepen the outlet of Kootenay Lake at the
places designated on the plan hereto annexed marked No. 2, and thereafter shall maintain the
said works at the said three points.
16. No land tax or real estate tax shall be charged on the lands "A, B, and C," except
those parts thereof for which Crown grants shall from time to time have been issued, under
the provisions of these presents.
17. The Government shall be at liberty to appropriate out of lands "A" an area of
approximately twelve hundred (1,200) acres, and the Government shall be at liberty to appropriate out of lands "B" and "C" an area not exceeding twelve hundred and eighty (1,280)
acres for Indian reserves.
18. The Government shall be at liberty to resume possession of any quantity not exceeding five (5) per cent, of the land conveyed by any Crown grant for school sites, and for purposes
and works of public utility and convenience.
19. The said William Adolph Baillie-Grohman, his heirs or assigns, shall deposit with the
Government of British Columbia, on or before the 1st day of September, 1886, a sum amounting to ten (10) cents upon the one dollar per acre for which, under the present agreement, he
or they, upon fulfilling the afore-mentioned several conditions and provisions, have the right
to acquire the lands " A, B and C " comprised in this agreement, and which sum shall not be
less than seven thousand and fifty-four ($7,054) dollars. In calculating the amount payable
in respect of any Crown grant to be issued under this agreement, the said William Adolph
Baillie-Grohman, his heirs or assigns, shall be entitled to be credited with the payment of ten
(10) cents on the dollar, and such sum of seven thousand and fifty four ($7,054) dollars shall,
in any event, except as hereinafter mentioned, become the property of the British Columbia
Government.
20. A reserve, for the purpose of this agreement and of the partially free grant hereby
agreed to be made of the lands "A, B, and C," shall be placed on such lands, and notice
thereof signed by the said Chief Commissioner, shall be by him published in the British
Columbia Gazette, according to the provisions of section 56 of the "Land Act, 1884;" and
such reserve shall be maintained for the term of ten (10) years from the date of these presents.
21. This agreement, notwithstanding anything herein contained, shall have no force or
effect unless and until the Government of the Dominion of Canada shall have lawfully authorized the turning of the water of the Upper Kootenay River at the point of diversion marked
A on the plan hereto attached, marked No. 1, into the Upper Columbia Lake, and also the
like authority to the lowering of the water of the Kootenay Lake by the deepening and widening of the outlet of the Kootenay Lake at the places designated on the plan hereto attached,
marked No. 2. In the event of such authority not being given, and if the said William
Adolph Baillie-Grohman shall have deposited the aforesaid sum of seven thousand and fifty-
four ($7,054) dollars, the same shall be returned to him.
22. The canal to connect the Kootenay River with the Upper Columbia Lake shall be
well and sufficiently constructed and completed, so as to turn the water of the Kootenay
River, at the point of diversion, into the said lake, on or before the 31st day of July, 1889.
23. Provided always, that if default be made in the placing of the steamer on the Upper
Columbia River, or in the formation and registration of the Company, or in the construction
and completion of the canal, or in the commencement of the reclamation works, or in payment
of the sum of seven thousand and fifty-four ($7,054) dollars, contrary to the stipulations hereinbefore contained, then and in any of such cases these presents shall be null and void :
Provided always that, anything hereinbefore contained to the contrary notwithstanding, no
forfeiture shall be incurred by reason of the non-completion of the canal within the time stipulated in that behalf, if before the expiration of such time the said William Adolph Baillie-
Grohman, his heirs or assigns, shall establish to the reasonable satisfaction of the Chief
Commissioner of Lands and Works that he or they have expended within British Columbia, in
furtherance of the reclamation works, a sum not less than fifty thousand ($50,000) dollars.
In estimating such expenditure, the price of all plant, materials, and machinery brought into
British Columbia, and the steamer or steamers, shall be included. This clause shall not interfere with the operation of clause 21.
24. This agreement is entered into by the Chief Commissioner on behalf of the Lieutenant-
Governor in Council, so far as he or the Lieutenant-Governor in Council hath power to enter
into or authorize the same, and not further or otherwise, and the said Chief Commissioner
assumes no individual responsibility, 49 Vic. Kootenay Reclamation and Colonization. 423
25. Where in this agreement specific dates are mentioned, time shall be. of the essence of
the contract.
26. This agreement shall not be assigned, unless the assignee in the deed of assignment
undertakes to fulfil and observe all the obligations and conditions hereinbefore contained and
on the part of the said William Adolph Baillie-Grohman expressed to be observed and
performed.
In Witness whereof, the said parties have hereto set their  hands  and  seals,
the day and year first above written.
(Signed)        Wm.  Smithe,
Signed, sealed and delivered by the said
Wm. Smithe and Wm. Adolph Baillie-
Grohman in the presence of
(Signed)        Alex. E. B. Davie.
Chief Commissioner of Lands and Works.
(Signed)        Wm. A. Baillie-Grohman.
THE SCHEDULE TO THE FOREGOING AGREEMENT.
SPECIFICATION OF LANDS.
Lands A.—Containing and consisting of about two thousand (2,000) acres of grazing land
situated between the Upper Columbia Lake and the Upper Kootenay River, at the point
where the latter approaches the former to within a distance of two (2) miles or less, and which
point is known as the " First Crossing" of Kootenay River. Also the swamp and bottom
lands on the Upper and Middle Kootenay River, between the first crossing and the International Boundary Line, which are now subject to an overflow during high-water season, and
which swamp and bottom lands are of an estimated area of about twenty-two thousand five
hundred (22,500) acres.
Lands B.—Containing and consisting of the following approximate areas of swamp and
bottom   lands on the Lower Kootenay River, described in Mr. A. S. Farwell's Report on the
Kootenay reclamation scheme, under date of 31st December, 1883, as consisting of :—
Flat 1, containing about 9,000 acres \
„    3,        „ „     8,000    „     ( 30,000 acres of
,,    4,        ,, ,,     8,000    „     (swamp and bottom lands.
The Island „ „     5,000    „     )
Also, that piece of land containing about two thousand five hundred (2,500) acres,
bounded and described as follows, that is to say: Commencing at the point where the boundary
intersects the Lower Kootenay River, thence running east along the said boundary line forty
(40) chains, thence true north to Goat River, thence following Goat River to the said swamp
lands before described as Flat No. 1, and thence along the foot-hills in a southerly direction to
the Kootenay River, and thence following the right bank of the Lower Kootenay River to the
point of commencement.
Also, twenty-five (25) acres at " Rocky Point," on the left bank of the Lower Kootenay
River, at the head of the island, and which consists of a rock headland rising abruptly from
the river, severing the larger portion of Flat 4 from a narrower strip of swamp land extending
from Rocky Point to Kootenay Lake, and which belongs to it.
Lands C.—Containing and consisting of the approximated areas described in the aforesaid
Report on the Kootenay reclamation scheme as Flat No. 2, consisting of about fifteen thousand
(15,000) acres of more or less permanently overflowed marsh or lagoon land lying on the right
bank of the Lower Kootenay River, between Goat River and Kootenay Lake, which tracts of
lands B and 0 comprise all the swamp and bottom land subject to overflow during high-water
season in the Lower Kootenay Valley, between the International Boundary Line and
Kootenay Lake. 424 Kootenay Reclamation and Colonization. 1886
Also, a tract of overflowed swamp land about one thousand (1,000) acres in extent, more
or less, lying at the mouth of the Lardaux Creek, on northern end of Kootenay Lake, and all
of which tract will be reclaimed by lowering the level of Kootenay Lake.
(Signed)       Wm. Smithe,
Chief Commissioner of Lands and Works.
(Signed)        Wm.  A.  Baillie-Grohman.
Witness to both signatures :—
(Signed)        Alex. E. B. Davie.

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